Constancia Duldulao vs Court of Appeals

written by Howard

G.R. No. 164893 – 546 Phil. 22 – 517 SCRA 191 – Labor Law – Post-Employment – Constructive Dismissal – Demotion 

In August 1996, an administrative complaint was filed against Constancia Duldulao, a secretary/typist of the College of Law of the Baguio Colleges Foundation (now University of the Cordilleras). The then College of Law Dean, Dean Honorato Aquino, directed Duldulao to submit an answer but the latter failed to do so hence the Dean recommended her reassignment to other departments in BCF.

In October 1996, Duldulao was directed to report as the new secretary for the Elementary and High School Departments. Instead of reporting, she filed for a vacation leave and thereafter other leaves of absence until January 1997.

In February 1997, she filed a labor case against BCF. She now claims that her reassignment constituted constructive dismissal and a demotion in rank. BCF, in its defense, said that it transferred Duldulao in order maintain the harmonious relations within its College of Law as apparently some students are complaining about her performance of her admin tasks as well as her fraternizing with some of the law students.

ISSUE: Whether or not there is constructive dismissal in this case.

HELD: No. Duldulao failed to prove that there is in constructive dismissal. The Supreme Court reiterated that there is constructive dismissal if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it would foreclose any choice by him except to forego his continued employment. It exists where there is cessation of work because “continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.” It must also be noted that Duldulao was employed by respondent which is the BCF system itself, not the College of Law only, which is but a component part of the system. Thus BCF has the prerogative to reassign Duldulao to any of its departments as it sees fit, provided that such reassignment is made in good faith. Neither is her transfer equivalent to a demotion in rank and status. She was a secretary/clerk-typist of the College of Law. As such secretary/clerk-typist, she would only have to perform the same duties in the Office of the Principals of the High School and Elementary Departments.

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